Samsung sues Apple over iPhone 5

Samsung has filed suit against Apple and the iPhone 5. No, it's not because Samsung is worried they won't be able to copy "aluminium" fast enough, it's because they feel Apple is violating several of their patents, including six utility patents and 2 standards essential patents involving (non-LTE) wireless networking. Sakthi Prasad et al. from Reteurs have what little word there is at this point:

Samsung filed a motion against Apple saying the iPhone 5 had infringed on some of the company's patents.

Samsung is expected to add LTE patents to its portfolio of lawsuits against Apple at some point as well. Two of the current patents being FRAND patents encumbered -- which are supposed to be licensed in a fair, reasonable, and non-descriminating manner, but have increasingly been used counter Apple's proprietary patent suits -- may end up being problematic for Samsung. Use of FRAND patents in lawsuits involving proprietary patents has even led to government investigation in some jurisdictions.

Whether this is simply a case of Apple not paying Samsung what they're due, or Apple believing they're covered by a manufacturer's license and Samsung begging to differ, or Samsung abusing the FRAND concept to try and extort proprietary cross-licenses out of Apple is unknown at this point. Lots of variables, even more arguments.

Samsung recently lost a billion dollar verdict to Apple in US courts when the jury found Samsung had willfully violated Apple's patents and trade dress. That was only one case among many, however, in the global legal battle currently being waged between Apple and Samsung, the two largest rivals in mobile, who also remain among the largest manufacturing partners as well.

No doubt there'll be more as this winds its way through the courts. Meanwhile, no one is coming to your house and taking away your iPhone, or your data connection.

you mean because samsung hasnt been suing apple over every little thing they can think of already? how is this different or a taste of ones own medicine? those two have been at it for quite a while ago. each doing thier own share of suing and counter suing.

Rene this write up made me chuckle I must admit. I can't tell if I'm reading sarcasm or serious outrage . Apple is playing big boy ball & will have to deal with its share of lawsuit roulette. After all, lawsuits are baked into the companies DNA. They just fail to mention that when on a self glorifying publicity tour.

They won a few recently & lost a few. It'll go on for a long time in the mobile space. Apple may find itself getting hit with a major injunction or ban like they push on others. I'll look forward to your writeup on those stories. Because lately you seem to be taking this personally.

They're giant companies with billions of dollars, if they want to spend their time and money suing each other, that's up to them. I'll just report on it the minimum I have to and hope beyond hope we all get better phones out of it. Eventually.

Not likely - assuming the Apple/Samsung verdict stands, the lesson all parties will take is that vague patents and aggressive legal clubbing offers the best return on investment. It is going to get *a lot* worse before it gets better.

rene the first thing you said is (Samsung today has filed suit against Apple and the iPhone 5. Not, it's not because Samsung is worried they won't be able to copy "aluminium" fast enough) your reports is to educate people but not take side,and some people are happy that Apple won and get money from samsung,why can apple bring their factor to USA from china that they can creat jobs.

Did they hire you as his boss? Just asking because i'm not sure how you know what his reports are supposed to do. Just saying guy. Look up top. Pro Apple blog, duh. Don't like it? Don't come back. Simple solution to a simple problem.

I really enjoy how when Apple sues Samsung it is a matter to cheer about for most people here, yet when it happens the other way, it is time to trash Samsung. Both companies are suing each other, and this will likely continue into the foreseeable future. I think all of this is bad for consumers in the end, and everyone should only cheer when all of this comes to an end and these companies can coexist peacefully. I know that will likely never happen, but one can hope.

What would be most humourous is if Samsung manages to spook the carriers into using something else that doesn't infringe the LTE patents that Samsung claims. If it's a standard, it's only a standard if the carriers use it too, and Samsung ... you need the carriers more than they need you.

Really getting tied of these "Are you dead, and don't know it???" Call Cheatem, Scamem, and Lie. We will get the money you deserve. Well your dead, so we will keep it in a safe place, and remember, you don't pay anything unless you win.

Being an attorney with these companies, is big business. Yes, fight for what is right, but it is now just a waste. This last judge was very upset with both companies. The only way to make them work it out, is to have the power to freeze all their money, until they sit down, and work it out. One can only hope.

I see many competing issues with Apple vs Samsung and Samsung vs Apple.

Every company that is introducing new products does due diligence into what patents they may or may not be infringing on so they can be be assured for any potential legal issue down the road. However major corporations also know that if the patent(s) in question are FRAND they can likely ignore them and wait for the lawsuits to grind their way along, in the end the payment due may very likely be far less than if they had negotiated up front and the profits they are generating may also be out weighing the cost of legal fees.

If Apple is using Samsung's LTE patents and they are FRAND related that is one thing, but if they are "Feature" related which Samsung is also alleging then those may not be covered under FRAND and in turn could be costly to Apple.

Whether or not people think our legal system is biased (I feel it can be seen as biased across, Civil, Criminal, Pro Big Business, anti Little Business, etc). The question now comes up does Samsung have a chance of getting a fair hearing and an impartial jury given the last verdict (right or wrong is for the Appeals Court to decide).

Apple is neither guilty nor innocent, that is for a court to decide and subsequent appeals. Perhaps if companies actually paid for the FRAND patents up front like they are obligated to do, and if they feel the FRAND licensing fee is not FRAND then they have alternative methods at their discretion. After all FRAND is there for a reason and they can sue.

It's getting very very tedious. Maybe samsung should spend the millions it takes to rty and sue every other company that does better than them, into developing a phone that beats the rest.......boring boring boring. I wouldn't buy a samsung phone if they were the last on the planet...simply because I am fed up with their nonsense!